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When is a Writ of Certiorari used?
Writ of Certiorari use to keep judicial body and administrative tribunal within it's limit, when inferior court hear a mater over which it has no jurisdiction, then Writ of certiorari issued to quash the such order or decision.
What type of court has jurisdiction when you sue a US county?
If you live in the same state as the county that you wish to sue, then the state court would have jurisdiction. If you live in a different state, then it would become a federal issue.
What is the definition of Court of Appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US supreme court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
What is the definition of courts of appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US Supreme Court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
If you filed a prior lawsuit but the court never ruled on a specific issue would you be barred from bringing the issue in another court of competent jurisdiction?
If the SPECIFIC ISSUE which is referred to was never ruled on in a court of law, you are not barred from raising the same issue in another suit.
Who would be considered an example of a Writ of Certiorari?
The U.S. Supreme Court calls up a case from a lower court.
What does the legal term 'certiorari' mean?
A writ of certiorari is an order that a higher court issues to a lower court in order to review the decision and proceedings of the lower court and determine whether there were any irregularities.
How do you become executor of an estate without a will?
You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.
Has a Congressman ever been convicted by the US Supreme Court?
No. The US Supreme Court would only review a criminal case against a member of Congress (or any other citizen) under appellate jurisdiction, not as a trial court. In order for the Court to consider granting certiorari in any case, it has to involve an important question of federal or constitutional law.
What is it called when the supreme court hears a case for the first time?
When the Supreme Court is the first court to hear a case (which is very rare) it is said to have "original jurisdiction." What I think you meant was, when the Supreme Court considers an issue it has not thought about before, it is called "a matter of first impression."
What is the authority to hear a court case first?
It is known as "The Court of Original Jurisdiction," and is usually the lowest level of the court system to which the matter first comes to the attention of.Jurisdiction is a court's authority to decide a case or issue a decree. Jurisdiction can arise from a geographical area, subject matter or personal jurisdiction over a person.The first court to hear a case has original jurisdiction. In some cases more than one court may have original jurisdiction depending on the subject matter That is called concurrent jurisdiction and the litigant then has the right to choose which court shall hear the case.You can read about the different aspects of jurisdiction at the link provided below.
Can the judiciary branch of state government overturn federal laws?
Questions of constitutionality are typically addressed by appellate courts if a defendant loses at trial in US District Court and raises the issue of a law or laws relevant to his or her case being unconstitutional (which, if successful, could cause the verdict to be overturned). Federal courts may declare state laws unconstitutional under the US Constitution, but do not have jurisdiction over individual state constitutions. If a US Court of Appeals Circuit Court, which is the intermediate appellate step between US District Court and the Supreme Court, makes such determination, the state would probably petition the US Supreme Court for a writ of certiorari.
